TERMS OF SERVICE

LEGAL INFORMATION. PLEASE READ THESE TERMS OF ACCESS BEFORE USING THIS WEBSITE AS THEY GOVERN YOUR ACCESS TO THE WEBSITE AND CONTENT WE ARE PROVIDING.

1. The providers of all content to the Site (“Content Owner”) will supply you, (hereinafter the “Client” or “Viewer of the Content”), a non-exclusive, non-transferable, limited license right to privately view the content posted on the website (the “Content”), to use and display the Content on one computer and one display screen only upon acceptance of this Terms of Service (the “Terms of Service” or “TOS”) and on the payment of the fees required for access. In addition, Client can select to subscribe to access Content on a subscription basis (hereinafter the “Subscription Service” or “Service”) if such option is provided by the Provider. This TOS applies to and governs Client's, and any authorized user of Client's account, use of this Internet website (the 'Site') as hereinafter defined. Client's registration of the account and use of this Site signifies Client's TOS to be bound by these Terms of Service. If Client does not agree to be bound by these Terms of Service, Client may not access or otherwise use the Site. Before using this Site, please review the Provider’s Privacy Statement (the “Privacy Statement”). Client is required to indicate acceptance of this TOS by clicking on the “OK” button and acknowledge that Client is at least 18 years of age during the registration process. This TOS binds and becomes effective from the moment the Provider receives authorization from your credit card company and remains in effect until the Content has concluded or Client's subscription to the Content has expired, after which access to the Site and the charges shall expire; however all of the other terms and conditions shall survive this contract. All charges to Client's credit card shall be considered as final unless Client objects within seven days after said charge. Client acknowledges that the digital license to access the Content (the “License”) shall be delivered to the Client’s computer once client logs into the Site and the Client shall only be able to access the Content from said computer. Client further agrees that Client is solely responsible for the confidentiality and use of and access to the Content and the Site using Client's username and log-on password, and Client assumes all the responsibility to keep the username and password chosen during the registration process safe from any unauthorized use as such information is used to gain access to the Content. If Client becomes aware of any loss or theft of username and/or password, Client agrees to notify the Provider immediately.
1. Subscription Service. The monthly subscription to the Service is provided on a pre-pay, month-to-month basis commencing on the date that you sign up for the Service. The Service will automatically be renewed on the anniversary of that sign-up date each month, unless you cancel the Service in accordance with Section 1.2 below.
2. Cancellation. You can cancel your subscription by clicking here and following the instructions. However, cancellation of the Service prior to end of the pre-paid month will not take effect until the end of that term, and you will not receive a refund. During that time, you will continue to have access to the Service until the conclusion of that particular monthly term of your subscription. For example, if you cancel ten (10) days after your credit card has been billed for the Service for a particular month, you will continue to have access to the Service for the remaining twenty (20) days of the term, and the cancellation will only be effective at the end of the term.
3. Billing Authorizations for Free Trial Subscription. You may be required to provide a billing payment method to register for a free trial offer to the Subscription Service. In that event, you agree that Content Owner may obtain a pre-authorization for the fee amount that you will be charged if you complete the free trial and continue a Subscription Service membership. It is possible that some financial institutions may perceive these requested amounts as actual pending charges. These are not actual charges however, and Content Owner will not be responsible for any results, such as an overdraft fee, that may occur to your account because of them.
4. Right to Change Subscription Fees. All subscription fees are subject to change on a prospective basis upon notice from Content Owner. If you do not accept the new fees, you should terminate your subscription immediately.
2. Changes to Site and/or Terms and Conditions of Service. The Provider reserves the right, at its sole discretion, to change, modify and/or remove any portion of the Site or this TOS, in whole or in part, at any time. Changes to these TOS will be effective when posted. Client agrees to review this TOS periodically to be aware of any changes. Client's continued use of the Site after any changes to this TOS are posted, will be deemed as Client's affirmative acceptance of those changes. Provider and Client agree that Client may, and should, print or save this TOS for future reference by Client.
3. Trademarks, Copyrights & Restrictions. All trademarks, service marks, trade names, images, sounds, videos, logos, advertisements or content viewed or heard on the Site are proprietary of the Content Owner and iStreamPlanet Co. and its affiliates. Under no circumstances may Client reproduce, perform, create derivative works from, republish, upload, edit, post, transmit, sell, license, lease, rent or distribute in any way whatsoever, any materials from this Site without the prior written permission of Content Owner and iStreamPlanet Co., which may be withheld in their sole and absolute discretion. Any modification of the Site, or any portion thereof, or use of the Site for any purpose other than Client's personal viewing in a private place, constitutes an infringement of our copyrights and other proprietary rights.
4. Software. The Client shall download and install any necessary viewing software for use by the Client. Provider highly recommends downloading and installing any necessary software in advance. Client agrees that it is the Client's sole responsibility to insure that Client's Internet service provider can provide the Client with sufficient bandwidth capacity for streaming all content distributed by Provider. The required bandwidth for the streaming of the Content is a continuous 300 Kbs. Client is solely responsible for providing sufficient bandwidth to view the Content. If Client's bandwidth for receiving data transfers falls below 300 Kbs to the personal computer viewing the Content, there is a substantial likelihood that Client's ability to view the event will be impaired. Provider makes no representation or warranty regarding uninterrupted viewing of the event or the capability of any viewing software, and the sole liability of Provider hereunder shall be a refund of any licensing fees actually paid by Client; it being understood that Provider shall incur no liability for service interruptions, dropped frames or any other technical cause that may affect the Client's ability to view the Content or operate Client's computer system.
5. Disclaimer. THE SITE, DIGITAL RIGHTS MANAGEMENT SOFTWARE AND STREAMING SOFTWARE AND THE CONTENT, IF APPLICABLE, ARE PROVIDED “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR OF THE IMAGE QUALITY OF THE EVENT, REGARDLESS OF WHETHER IT IS ATTRIBUTABLE TO CONGESTION ON THE INTERNET, OR DUE TO THE TRANSMISSION MEDIA OR OTHERWISE. THE PROVIDER SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR EXPENSE INCURRED BY THE CLIENT AS A RESULT OF TRANSMISSION LIMITATIONS. THE PROVIDER DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SITE OR THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE, EVENT, THE SERVER THAT MAKES IT AVAILABLE OR THE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE, SOFTWARE OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. THE PROVIDER DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR EVENT, THE SITE MATERIALS OR THE SOFTWARE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. CLIENT, AND NOT THE PROVIDER, ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. THE PROVIDER SHALL NOT BE LIABLE FOR ANY CLAIM, LOSS DAMAGE OR EXPENSE OF ANY KIND AGAINST THE CLIENT FOR ANY COPYRIGHT INFRINGEMENT, ROYALTY CLAIM OR ANY OTHER CLAIM MADE AGAINST THE CLIENT AS A RESULT OF THIS TOS OR THE CLIENT’S USE OF THE EVENT. THE PROVIDER IS ACTING SOLELY AS A CONDUIT FOR THE EVENT AND IS NOT RESPONSIBLE FOR ANY INTELLECTUAL PROPERTY VIOLATIONS BY THIRD PARTIES; IT BEING EXPRESSLY UNDERSTOOD THAT CLIENT'S SOLE AND EXCLUSIVE RECOURSE AGAINST PROVIDER SHALL BE THE RECOVERY OF THE LICENSE FEE PAID BY CLIENT TO PROVIDER.
6. Client Representations. As an inducement to the Provider to offer the Content to the Client, the Client irrevocably warrants and agrees that the Client will view the Content for non-commercial purposes, will not divert, copy, record, store, re-transmit or otherwise distribute all or any part of the Content to any other person, or authorize, enable or procure any other person to do so. Client will not view the Content in circumstances where members of the public can view the Client’s stream of the Content simultaneous with Client’s viewing or authorize, enable or procure any person to do so, and Client will not use the Content in order to attract others to partake of goods or services provided by the Client or any other person, or authorize, enable or cause any other person to do so. Client agrees that Client shall not use any device, software or routine to hack, crack, interfere with or attempt to interfere with the proper working of the Site, the Content or any transaction conducted on the Site. Client shall not take any action which imposes an unreasonable or disproportionately large load on Provider’s infrastructure. Client shall not disclose or share Client’s password with any third parties or use Client’s password for any unauthorized service.
7. Limitation of Liabilities. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE PROVIDER BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, THE SITE MATERIALS, EVENT OR SOFTWARE, EVEN IF THE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES OR ABATEMENT OF CHARGES WHETHER DIRECTLY OR INDIRECTLY CAUSED TO OR INCURRED BY THE CLIENT BY REASON OF ANY FAILURE OR DELAY IN THE PERFORMANCE OF THE PROVIDER'S OBLIGATIONS THAT IS DUE TO FORCE MAJEURE. (“FORCE MAJEURE” SHALL MEAN ANY CAUSE AFFECTING THE PERFORMANCE BY THE PROVIDER OR THE CONTENT PROVIDER ARISING FROM ACTS, EVENTS, OMISSIONS OR OCCURRENCES OR NON-OCCURRENCES BEYOND THE REASONABLE CONTROL OF THE PROVIDER OR THE CONTENT PROVIDER, INCLUDING, BUT NOT LIMITED TO, ILLNESS, FIRE, FLOOD OR ANY DISASTER, ANY INDUSTRIAL OR LABOR DISPUTE OR ANY ACT OF GOD) ANY ACT OF WAR OR TERRORISM. IN NO EVENT SHALL THE PROVIDER'S TOTAL LIABILITY TO CLIENT FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE; OR OTHERWISE EXCEED THE AMOUNT PAID BY THE CLIENT, IF ANY, FOR ACCESS TO THE EVENT. EACH PARTY TO THIS TOS UNCONDITIONALLY WAIVES ANY RIGHTS IT MAY HAVE TO CLAIM DAMAGES AGAINST THE OTHER RESULTING FROM ANY STATEMENT MADE BY THE OTHER, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OF ANY WARRANTY GIVEN BY THE OTHER AND NOT SET FORTH OR REFERRED HEREIN UNLESS SUCH STATEMENT OR WARRANTY WAS MADE OR GIVEN FRAUDULENTLY. IN NO EVENT SHALL PROVIDER BE LIABLE TO THE OTHER PARTY FOR LOSS OF PROFITS, BUSINESS, REVENUES, GOODWILL OR ANTICIPATED SAVINGS AND/OR INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES. NOTWITHSTANDING ANY DAMAGES THAT CLIENT MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), IN ORDER TO PROVIDE ACCESS AT THE CURRENT PRICE TO THE CLIENT, THE ENTIRE LIABILITY OF PROVIDER AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THESE TOS AND CLIENT’S EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY CLIENT TO PROVIDER FOR ACCESS OR U.S. $1.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
8. Termination. Client understands and agrees that the Provider may, in its sole discretion and at any time, terminate this TOS, Client's password, account or use without notice if: 1. The Client is unable to pay for the delivery of the Content, 2. Refusal of the Client’s credit card company to authorize payment, 3. Client commits a material breach of this TOS and 4. Client takes any action that interferes with the operations of the Site or impairs the reputation of the Provider or the Content Owner. In the event Provider exercises its right to terminate the service, the Provider can immediately terminate all services to the Client in relation to the Content.
9. Jurisdictional Issues. The Site is controlled by The Provider from its offices within the State of Nevada, United States of America. The Provider makes no representation that materials in the Site are appropriate or available for use in other locations. Software from this Site is further subject to United States export controls. No software from this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the software, Client represents and warrants that Client is not located in, or under control of, or a national or resident of any such country or on any such list.
10. Assignment of TOS. This TOS is personal to the Client, and Client's rights and obligations under it may not be assigned or otherwise transferred.
11. Non-Waiver. No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.
12. Severability/Survival/ Statue of Limitations. If any provision of this TOS is invalid or unenforceable, such will not render the entire TOS unenforceable or invalid, but rather the TOS will be read and construed as if the invalid or unenforceable provision(s) are not contained therein. Any cause of action of Client's with respect to this TOS must be filed in a court of competent jurisdiction in the State of Nevada, U.S.A. within one year after the cause of action has arisen, or such cause will be barred, invalid and void.
13. Headings. Headings in this TOS are for convenience only and have no legal meaning or effect.
14. Right of Representation and Neutral Interpretation. Client has had the opportunity to have counsel of their choice review this TOS. This TOS shall therefore be deemed to have been negotiated and prepared at the joint request, direction and construction of the Client and the Provider, at arm's length, with the advice and participation of counsel, and will be interpreted in accordance with its terms without favor to either the Client or the Provider. The Client and the Provider and the respective counsel have reviewed this TOS, and the normal rule of construction to the effect that any ambiguities in this TOS are to be resolved against the drafting party are not to be employed in the interpretation of this TOS.
15. Governing Law. The laws of the United States of America and the State of Nevada shall govern this TOS, as if this TOS were a contract wholly entered into and wholly performed within the State of Nevada, without reference to the choice of law provisions thereof. For any injunctive relief sought by the Provider, you hereby irrevocably consent to jurisdiction and venue in the courts sitting in Clark County in the State of Nevada (or the federal courts sitting in and for the State of Nevada, in Clark County). With the exception of injunctive relief sought by the Provider, any controversy or claim arising out of or relating to this License, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, with hearings to take place in Clark County, Nevada, USA, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The prevailing party shall be entitled to all attorneys’ fees and costs. We recommend that Clients print and save this Legal Information.